KHATUN BEGUM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. Udai Karan Saxena, learned Senior Counsel assisted by Mr. Ashok Kumar Singh Bais, learned Counsel for the petitioner, Mr. Manu Khare, learned counsel for respondent Nos. 3 and 4 and Mr. Jitendra Narain Rai, learned Additional Chief Standing Counsel for the State-respondents.

(2.) Brief facts of the case are that dispute relates to khasara No. 121 area 0/5/13 situated at village-Shekhpura Kadeem, Pargana and Tehsil-Sadar, District-Saharanpur. A registered sale deed was executed by Arun Kumar (father of respondent No. 3 and husband of respondent No. 4) on 15/3/1982 in favour of Sumitra Devi wife of Dharampal Jain. After death of Sumitra Devi, Dharampal Jain inherited the plot in dispute. Dharampal Jain had executed a registered sale deed on 11/2/1987 in favour of Surendra Pal Singh in respect to plot in question. Surendra Pal Singh accordingly executed a registered Sale deed on 15/1/2000 in favour of petitioner. Consolidation operation intervened in the village in question in 1978. In the proceeding under Sec. 12 of U.P. Consolidation of Holdings Act 1953 (herein after referred to as U.P.C.H. Act) which was registered as Case No. 224. An order dtd. 30/3/1998 was passed for recording the name of Surendra Pal Singh, after expunging the name of Arun Kumar on the basis of Sale deed executed on 15/3/1982/11/2/1987. In another proceeding under Sec. 12 of U.P.C.H. Act, an order dtd. 16/2/2000 was passed for recording the name of petitioner on the basis of sale deed dtd. 15/1/2000 after expunging the name of vendor Surendra Pal Singh. Respondents Nos. 3 and 4 filed two appeals under Sec. 11 (1) of U.P.C.H. Act against the order dtd. 30/3/1998 and 16/2/2000 which were registered as Appeal Nos. 69/126 and 70/127. The aforementioned appeals were consolidated and heard together by Settlement Officer of Consolidation. The aforementioned appeals were dismissed vide order dtd. 27/8/2001. Respondent Nos. 3 and 4 filed two revisions under Sec. 48 of U.P. C.H. Act which were registered as Case No. 0168/2021 and 0169/2021 before Deputy Director of Consolidation. The aforementioned revisions have been allowed vide order dtd. 23/8/2023 setting aside the orders dtd. 30/3/1998, 16/2/2000, 27/8/2001 and matter has been sent back before Consolidation Officer to decide the proceeding under Sec. 12 of U.P.C.H. Act afresh hence this writ petition on behalf of the petitioner for the following reliefs. :

(3.) A Civil Suit No. 295 of 1998 filed by Arun Kumar for cancellation of sale deed is stated to be decided vide order dtd. 12/11/2002 on the ground that civil court has no jurisdiction and no fresh suit for cancellation of sale deed in question has been filed by anybody.